Bill #:2362

Video and sound recordings made by law enforcement or corrections officers

Companion bill #:No Companion Bill.

Summary/AWC comments

Incidents involving police use of force have created citizen outrage in numerous communities across the country, including in our own state. Many have urged cities to equip officers with body-worn cameras to improve accountability. There is strong agreement that body-worn cameras can be a valuable tool for law enforcement and help with accountability. However, in Washington, concerns around managing the large amount of video recordings under our public records laws arise. How can we efficiently and effectively store this amount of data? Managing all this is time-consuming and very expensive for local government. Additionally, without clear protections, the recordings could be released impinging on an individual’s privacy.

Specifically, HB 2362 would:

Establish Public Records Act (PRA) provisions governing requests for, and disclosure of, certain body worn camera recordings made by law enforcement and corrections officers while in the course of their official duties. The bill stipulates who can, and cannot, request body worn camera footage and the circumstances in which they can request the footage.

Outlines what footage is considered offensive and thus not disclosable under the PRA. This includes images of minors, deceased persons, intimate images, and the identities of domestic violence victims.

Allows agencies to charge reasonable fees for the costs of redacting, altering, distorting, etc. footage if the requester is not a requester who has privileged access under the bill.

Requires law enforcement and corrections agencies that deploy body worn cameras to adopt policies covering the use of body worn cameras.

Establishes a retention period of 60 days for body camera recordings.

Establishes a task force to review and report on the use of body worn cameras by law enforcement and corrections agencies.

Limits the provisions of this bill to those jurisdictions who have deployed body worn cameras or adopted an ordinance or resolution authorizing the use of body worn cameras by the effective date of the bill. A process it required for community input in the event an ordinance or resolution is adopted.